Apr 08 2020
OIG Releases Policy Statement on AKS Enforcement Discretion During COVID-19 Pandemic
The Office of the Inspector General (“OIG”) has released a policy statement relating to its enforcement discretion under the Anti-Kickback Statute (“AKS”) during the COVID-19 pandemic. Essentially, the policy statement provides that the OIG will exercise its enforcement discretion not to impose administrative sanctions under AKS for certain limited arrangements already covered by the physician self-referral law (“Stark”) blanket waivers. Please see von Briesen COVID-19 Task Force Updates from March 30 and March 31, 2020, for further background on the Stark waivers. This Legal Update summarizes the policy statement and identifies issues providers should consider when assessing whether they may rely on that statement.
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